LexThe Assam State Housing Board Act, 1972
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT I OF 1~74
'Received 'the assent of the President OD the 1st January, 1974)
~
(rublished in t~1e A~sam Gazett~ Extraordinary, dat ed the 20th Feurb
ary, 1974).
l THE ASSAM STATE HOUSING BOARD ACT, 1972
CONTENTS
. Preamble
CHAPTER I
Preliminary
~
~- ·--Sections
1. Short title, extent and commencement.
2. Definition.
CHAPTER II
-i.,.
.... . - Establishment of the Board
3. Incorporation .
4. Constitution of the Board.
5. Leave of absence of Chairman.
6. Disqualification for appointment on Board.
7. Term of office an conditions of service of Chairman and memb ers.
8. Vacancy of a member. ·
9. Vacancy to be filled as early as practicable .
10. Proceedings presumed to be good and valid.
11. Temporary absence of members .
t2. Appointment of officers and employees and creation of posts
13. Conditions of service of officers and employees.
14. Preparation and maintenance of schedule of establishment .
15. General disqualification qf all officers and employees.
16. Appointment of Committ ee.
I
2
Conduct of Business
Sect ions .
l 7. Meetings of Board.
18. Temporary association of persons with Board for Particular~
purpose.
Contract
19. Power to make contracts .
20. Exec ution of contracts.
21. Delegation of Board's power to sanction contract~.
22. F urther provisions as to execution of contracts.
CHAPTER III
Housing Scheme
23. Power and Duties of Board to undertake housing schemes.
24. Matters to be pro vided for by housing scheH1es.
25. No housing scheme to be made for area included in improve
men t scheme or be tinconsistent with Town Planning Scheme.
I
26. Submission of budget to Board.
~7. Boar d's san ction to budget.
28. Sub mission of sanctioned budget to State Government for
approval.
29. Suppl ementary budget.
30. Publicat ion and execution of housing schemes.
31. Vaniation of housing scheme.
32. Transfe r t o the Board for purposes of housing scheme of land
vested in a Corporation, Municipality or Mohkuma Parishad.
33. Compe nsation in respect of land vested in the Board.
34. Pow er of Board to turn or close public street vested in it. ·
~~ 5. Ref erence to Tribunal in case of dispute under Section 33 or 34.
• ~ i
t
36. Vesting in Corporation, Municipality or Moh~uma Parish ad, of
street laid out or altered and open space provided by the Board,
under housing scheme .
.:. J7. Oth er duties of the Board.
38. Board to assume management of requisitioned lands.
39. Reconstitution of plots.
40. Power to exempt schemes from provisions of Sections 26 t o 31.
CHAPTER IV
Acquisition and Dis-posal of Land
~ Sections
41. Power to purchase or lease by agreement.
42. Betterment charges.
43. Notice to persons liable for betterment charges.
44. Agreement for payment of bettermen t char,ges .
45. Recover y of betterment charges.
46. Power to dispose of land.
47. Disputes regarding reconstitution or plots.
CHAPTER V
Tribunal
48. Constitution of a Tribunal for certain purposes .
49. Officers and employees of the Tribunal.
50. Payments by Board on account of Tribunal.
51. Appeals from awards of Tribunal.
52. Awards and Orders of Tribunal to be executed by Civil Courts .
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CHAPTER VI
Power to evict persons from Board premises
53. Appointment of competent authorities.
4
54. Power to evict certain persons from Board premises.
55. Power to recover rent or damages as arrears of land revenue.
56. Rent to be recovered from deductions from salary or wages in
certain cases.
57. Appeal.
58. Par of jurisdiction of Civil Courts.
CHAPTER VII
Finance, Accounts and Audit
Sections
59. Board's fund.
60. Application of the fund .
61. Expenditure in case of urgency.
62. Subventions and loans to the Board.
63. Expenditure of the State Government to be treated as loan or
grant to the Board.
64. Power of Board to borrow.
65. Accounts and audit .
66. Concurrent and special audits of accounts.
CHAPTER · VIII
Miscellaneous
67. Reports.
68. Other statements and returns.
'39. Power of entry .
. 70. Notice of suit against Board .
71. Valuation of assets and liabilities of the Board.
7'1_ Power to make rules.
-, :~. Regulations.
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74. Power to make bye-laws .
75. P en alty for contravention of bye -laws .
:. 76. P en alty for obstruct ing, etc.
77. P en alty for obstructing exer cise of powers under Chapter VI.
· 78. Autho rity for prosecutio n.
· 99. Membe rs, officers , employees of the Board to be public servants.
80. Protection of action tak en under thi s Act.
81. Gover nment's powe r to give dir ections to Board.
82. Pow er to order inj uir ies .
83. Det'ault in perfor mance of dut y a nd supersession.
·34_ Diss olution of the Board.
THE ASS AM STATE HOUSING BOARD ACT, 1972
An
Act
· ~ to cprov ided -f-0r m easure s to be taken to deal with and satisfy the
need of housing accom modation
: ''Premble
-' •\14
8ho rt title
.. exten t and
co nm ~ nc=
ine nt.
_ Whereas it is exp edie nt to take such measur es, to
make such schemes and to car ry out such works as are
necessary for the purpose of dealing with and satisfy
ing the need of ho usi ng accommodation and whereas
wit h that ob ject in view, it is necessary to establish a
Board and to mak e certain other provisions hereinafter
appear ing;
It is hereby enac ted in the Twenty-third Year of
the Rep ublic of India, as follows, namely:-
CHAPTER: I
Preliminary
1. (1) This Act may be call ed the Assam State
Housing Board Act , 1972.
(2) It extends to the whole of the Stat e of
Assa m .
, ,
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(3) It shall come into force on such date as the
State Government may, by notification in -
the official Gazette, appoint.
2. In this Act, unless the context otherwise •
requires-
(1) "betterment charge " means the charge dec
lared to be payable under Section 42 in
respect of an incr ease in the value of land
resulting from the f'".ecution of a housing or
improv ement scheme ;
"Board " means the Assam State Housing
Board constituted under :section 3 ;
(3) "Boar d Premises " means any premises be-
lon ging to, or vesting in the Board, or taken
on leas e by the Board or any premises which
is ent r usted to or in the possession or control
of the Board for the purposes of this Act ;
(4) "Build ing materials" means such comrr.odi
ties or articles as are specified to be building
materials for the purposes of this Act by the
State Government by notification in the
official Gazette ;
(5) "Committee" means any committee appoin
ted under Section 16 ;
(6) "Competent Authority " means any person
or authorit y authorised by the Government.
by notification , to perform the functions of
the Competent Authority under Chapter VI
for such area as may be specified in the
notification ;
(7) "Government" menas the State Govern
rr.ent;
(8) "Chairman " means the Chairman of th~
Board; ~
(9) "Housin g Scheme " means Housing Scheme
made under this Act ;
(10) "Land" includes benefits to arise out of
land , and things attached to the earth or
perm anently faster> to anything attached
to the earth ;
"
Incorpora
tion.
Constitution
of the Board.
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(11) "Member" means Chairman and other
members of Board ;
(12) "Prescribed" means prescribed by rules
made under this Act ;
(13) "Premises" rr.eans any land or building or
part of a building and includes- ,
(i) the garden, grounds and out houses if any,
appertaining to such building or part of
building ; and
(ii) any fittings affixed to such building or part
ol a building for the more beneficial enjoy
- ment thereof ;
(14) "Regulations" means the regulations made
under this Act ;
(15) "Rules" means the rules made under this
Act;
(16) "Tribunal'; means the Tribunal constituted
under Section 48 ;
(17) "Year " means the financial year;
CHAPTER II
ESTABLISHMENT OF THE BOARD
3. (1) The State Government shall, by notification
in the official Gazette, establish £or the purposes of this
Act a Board by the name of the Assam State Housing
Board.
(2) The Board shall be a body corporate ,having
perpetual succession and a common seal and may sue
and be sued in its corporate name and shall be com
petent to acquire and hold property both movable and
immovable and to contract and do all things necessary
for the purpose of this Act.
(3) For the purposes of this Act and tile Land Ac
quisition Act, 1894, the Board shall be deemed to be a •
local authority.
4. (1) The Board shall consist of a · Chairman ap
pointed by the Government, and the following ~em
bers, namely:-
(a) Secretary, Tovrn and Country Planning
Department.
Leave of
absence of
Chairman
Disquali
fication for
appointment
on Board.
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(b) Secretary, Finance or his representative.
(c) Chief Engineer, Public Works Department
(Roads and Buildings) or his representative.
(d) Chief Public Health Engineer.
(e) Town Planner and Ex-officio Director of
Town and Country Planning Organisation,
Assam.
(f) Director of Pancha y at and Director of Muni
cipal Administration .
(g) Three members to be elec ted by the Assam
Legislative Assembly from amongst its
·~. ·~ .members.
(2) The State Government may, by notification in
·. the official Gazette , remove from office the Chairman.
or any other member who in the opinion of the State
Government, has been guilty of any misconduct or
negligence or has so abused his position as to render
his continuance as member detrimental to the interest
of the Board or of the general public :
Provided that no person shall be so removed from
office unless he has been given an opportunity to show
cause against his removal.
5. The State Government may from time to time .
grant to the Chairman such leave as may be adm1ssible ··
under the rules and any person whom the State Go
vernment appoints to act for the Chairman during
such absence or leave shall, while so acting, be deemed
for all purposes of this Act to be the Chairman .
6. (1) A person shall be disqualified for being ap
pointed or continuing as the Chairman or member of
the Board, if he-
(a) holds any office of profit under the Board,
(b) is of unsound mind ,
(c) in an unc ertificat ed bankrupt or an undis
charged insolvent,
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. · ( d) has directly or indirectly by himself or by ·
any partner, any share or interest in any
contrac t w ith , by or on behalf of the Board.
·· 1 -.,\p 1• ,,. or
= -- --~--------
Term of office and
conditions of
service of Chair
man and member.
( e) is a Director or a Secretary, Manager or
other salaried · officer of any incorporated
company which has any sha:r:e or interest in
any contract with, by or on behalf of the
Board, or
(f) has been or is convicted of any offence in
volving moral turpitude;.
(2) A person shall not, however, be disqualified
under clause (d) or (e) of sub-section (1) or be deemed
to have any share or interest in any contract within the
meaniug of these clauses, by reason only of his or the
incorporated company of which he is a Director, Secre
tary, Manager or other salaried officer having a share
or interest in any newspaper in which any advertise
ment relating to the affairs of the Board is inserted.
(3) A person shall not also be disqualified under
clause (d)° or (e) of sub-section (1) or be deemed to have
any share or interest in any incorporated company
which has any share or interest in any contract or em
ployment with by or on behalf of the Board, by reason
only of his being a share-holder of such company :
Provided that such person discloses to the State
Government the nature and extent of the shares held
by him.
7. (1). The Chairman and every other member (not
being an ex-officio member) shall hold office for a
period of three years from the date of his appointment
as Chairman or other member, as the case may be :
Provided that the State Government may extend
the said period by a further period not exceeding one
year:
Provided further that after the expiry of the
period of his appointment a person shall be eligible for
re-appointment as Chairman or member :
Pr.ovided further that no person shall be appointed
as Chairman for more than three consecutive terms.
(2) Every member shall receive such allowances as
m ay be prescribed.
(~) The Chairman may hold office in an honorary
c<i pac1ty or on payment of remuneration. If any
r .. .
Vec;:ancy of a mem
ber.
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~... ,. ..,
remuneration is to be paid to the Chairman, ~uch remu -?.r
neration and other conditions of service s~all be su~h
as may be prescribed.
(4) The allowances to ~he members and. the rem.u
neration, if any, to the Chairman shall be paid from the
fund of the Board .
?· If a member :-
(a) becomes subject to any of the disqualifica
tions ment ioned in section 6 ;
(b) tenders his resignation in writing to the State
Government, .or
(c) is absent without the permission of the
Board ,
he shall cease to be a member.
Vecancy to be fill- 9 A . th b h' of the Board ed as early as pra- . ny vacancy in e mem ers lp
cticable. shall be filled in as ~arly as practicable :
Proceedings presu
med ·to be valid.
Provided that during any such vacancy the con
tinuing members may act as if no vacancy had occur
red.
10. No disqualification of, or defect in the appoint
ment , Qf any person acting as Chairman or a member
of the Board shall be deem~d to vitiate any act or pro
ceedin g of the Board, if such act or proceeding is other
wise in accordance with the provisions of this Act.
·Temperary ab sene e
of member s, 11. If any member of the Board other than the
Chairma n is by infirmity or otherwise rendered tem
porarily incapable of carrying out his duties or is
absent on leave or otherwise not involving the vacation
of his appointment, the State Government may appoint
another person to officiate for him and carry out his
functions under this Act or any rule or regulation
made therem;der .
Appointment of
officers and emplo- 12. (1) The Board shall have such officers and em-
yees and creation plo yees as the Board may consider necessary for the
of posts. efficient performance of its functions :
Pr ovi~ e d that the Board shall not appoint any
officer in the scale of pay the maximum of which
exc eeds one thousand and two hundred rupees a month
witho ut obt aining the previous sanction of the State
Gove rnment.
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(2) The Board shall have power to create any post
on its establishment :
Provided that no new post the scale of pay: of
which exceeds one thousand and two hundred rupees
per month shall be created by the Board without the
previous sanction of the State Government .
Ccnditions of ser- 13. The remuneration and other conditions of ser
vice of officers and vice of the officers and employees of the Board shall
employees. be such as may be determined by regulations.
-Preparation and
maintenance of
Schedule of esta
blishment.
General disqua
lification of all
officers and em
ployees.
14. Before the first day o f May of every year, the
Board shall prepare and maintain a schedule of esta
blishment as on the first day of April of that year
showing,-
(i) the number, designations and grades and
scales of pay of the officers and employees
(other than the employees who are paid by
the day or whose pay is charged to tempor
ary work), whom it cons iders necessary and
proper to employ for the purposes of this
Act;
(ii) the amount and nature of the salary , fees
and allowances to be paid by the Board to
each such officer or employee ;
(iii) the amount to b.e paid by the Board towards
leave salary pension , provident fund or any
other purpose in respect of each such officer
or employee . ·
15. No pers on who has directl y or indirectly ' by
hims elf or his part ner or agent any shares or interest
in any cont ract, by or on behalf of the Board, other
wise than as an officer or employee thereof, shall be
come or remain an officer or employee of the Board.
Appointment of 16. (1) Subjec t to any rules made in this behalf,
Committee. the Board may fro m tim e to time appoint one or more
Comm ittees for the purpose of securing the efficient
discharge of its function s, and in particular for the
purpo se of securing that the E" aid functions are exer
cised with due regard to the circumstances and re
quiremen ts o f particul ar local areas .
(2) Any Comm ittee app ointed under sub-section
(1) shall meet to dischar ge the functions assigned to it
in such manner as m ay be directed by the Board.
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Conduct of Business
Meetings _,rnoard. 17 .The Board shall meet from time to time and
shall make such arrangements with respect to the d~y,
time notice, management and adjournment of itf>
meetings as it thinks fit, subject to the following pro
visions, namely : -
(a) an ordinary meeting shall be held once at
least every two months and five members
shall form the quorum ;
(b) the Chairman, may whenever he thinks fit,
call special meetings ;
( c r every meeting shall be presided over by the
Chairman and in his absence, by any mem
ber chosen by the meeting to preside for the
occasion;
(d) all questions at any meeting shall be decided
by a majority of the votes of the members
present and in case of equality of votes, the
person presiding shall have the right to ex
ercise a second or casting vote ;
(e) the minutes of the proceedings of each meet
ing shall be recorded in a book to be provided
for the purpose.
~en_:iporary asso· 18. (1) The Board may associate with itself, any
c1:'tton ofpersons person whose assistance or advice it may desire for with Board for . . . . .
particular purpose. carrymg mto effect any of the prov1s1ons of this Act :
Provided that the number of persons so associated.
shall not be more than three.
(2) A person associated with the Board under sub
section (1) for any purpose shall have the right to take
part in the deliberations of the Board relevant to that
purpose, but shall not have the right to vote.
(3) The State Government may, by order, depute
its representatives to attend any meeting of the Board
and to take part in the deliberations of the Board, on
such items or subjects as the State Government may
specify but such representatives shall not have the
right to vote.
..
13
Contracts
Power to make 19. The Board may enter into and perform all such
contracts. contracts as it may consider necessary or expedient for
carrying out any of the purposes of this Act.
Execution of Con
tract. 20. (1) Every contract shall be made on behalf of
the Board by the Chairman :
Provided that-
(a) no contract involving an expenditure of
rupees twenty lacs and more shall be made
without the previous sanction of the Sta te
Government ;
(b) no contract involving an expenditure of five
thousand rupees and more shall, subject to
clause (a) above, be made without the previ
ous sanction 0£ the Board.
(2) Sub-section (1) shall apply to every variation
or abandonment of a contract or estimate as well as to
an original contract or estimate .
~~~~~~;iop:wer ofto 21. Subject to. any. rule which the State Govern
sanction contracts~ ment may , make m this beh alf, the Board may, by
order direct that the power conferred on it under sec- ·
tion 20 to sanction a contract shall be exercis2d by the
Chairman or any other officer specified by it in the
order.
Further provisions 22. (1) Every contract by the Chairman on behalf
as to execution of of the Board shall , subj ect to the prov isions of thi s
contracts, section , be entered into in st,1ch manner and form as
may be prescr ibed.
(2) A contract not executed as provided in this
section and the rules mad e thereunder sha 11 not be
binding on the Board.
CHAPTER III
Housing Schemes
Power and duties 23. (1) Subject to the provisions of this Act and
of Board to under subject to the control of the State Government
take Housing the Board may, fr om time to time incur ex p e n ditu r ~
Schemes, d d t k k . . . an un er a e wor s m any area m which this Act is
dn force for the framing and execution of such hous
ing schemes as it may consider necessary.
Matters to be
provided for by
Rousing Scheme.
14
(2) The State Government may, on such terms and
conditions as it may think fit to impose, entrust to
the Board the framing and execution of any housing
scheme whether provided for by this Act or not, and
the Board shall thereupon undertake the framing and
execution of such scheme as if it had been provided
for by this Act.
(3) The Board, on such terms and conditions as
may be agreed upon and with the previous approval of
the State Government, take over for executing any
housing scheme on behalf of a l .ocal authority or co
operative society or on behalf of an employer when the
houses are to be built mainly for the residence of his
employP.es, and the Board shall execute such scheme as
if it had been provided for by this Act.
24. Notwithstanding anything contained in any
othe r law for the time being in force , a Housing Sche
me may provide for all or any of the following mat
ters, namely :-
(a) the acquisition by purchase, exchange or
otherwise of any property for necessary or
affected by the execution of the scheme ;
(b) the laying or relaying out of any land com
prised in the Scheme ;
{c) the distribution or redistribution of site be
longing to owners or property comprised in
the Scheme;
(d) the closure or demolition of dwellings or
portions of dwellings unfit for human habi
tation ;
(e) the demolition of obstructive buildings or
portions of buildings;
(f) the construction and reconstruction of build
ings;
(g) the sale , letting out or ex~hange of aI}y pro
perty comprised in the Scheme;
{h) the con struction and alteration of streets and
back lanes;
(i) p:ovi~ion of the dra~ning, water supply and
hghtmg of the area mcluded in the Scheme· '
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(j) the provision of parks, playing fields and
open space for the benefit of a~y. a~ea com
prised in the Scheme or any adJommg areas
and the enlargement , and ,improvement of
existing parks, playing-fields, open spaces
and approaches;
(k) the reclamation or reservation of lands for
markets, gardens, playing-fields, s?~oo~s,
dispensaries, hospiitals and other amenities m
the Scheme;
(1) the letting out, manag ement and use of the
Board premises;
(m) the provision of sanitary arrangements re
quired for the area compriised in the Scheme,
including the conservation and prevention
of any injury or contamination to rivers or
oth er sources and means of water supply;
(n) the provision of accommodation for any class
of inhabitants;
(o) the advanc e of mon ey for the purpose of the
Sch eme;
(p) the proviisi on of facilities for communication
and transport;
(q) the collection of such information and statis
tics as may be necessary for the purpose s of
this Act;
(r) any other m atter for which , in the opini on of
the State Government, it is expedient to
make provision with a viiew to provide hous
ing accommodation and to the improvement
on development of any area comprised in the
Scheme or an y adjo ining areo. or the general
efficiency of the Scheme ;
Exvlanation:-For the purposes of this section the
State Government may, on the recommendation .of the
Board, by notification in the official Gazette, specify
such areas surrounding or adjoining- the area included
in a hou sing scheme to be the adjoining area.
No H ousing 25. (1) No housing sch eme shall be made und er
£Scheme t? beclumdeadde this Act for any area for which an improvement Sche-or area JD •
in an improvement me has been sanction ed by the State Gov ernment
~c hem~ or b~ under any enactment for the time being in force for
Tinconsis pte1nt ~
1
th the constitution of a municipal corporati 0n for ::my own annmg . th S . .
Schemes, area m e tate to which this Act extends, nor any
16
Housing Scheme made under this Act contain anything
which is inconsistent with any of the matters included
in a Town Planning Scheme sanctioned by the State
Government under the Assam Town and Country
Planning Act, 1959 or in any town planning scheme
duly made by or under any corresponding law for the
time being in force.
(2) If any dispute arises ,whether a housing scheme
made under this Act includes any area included in an
improvement scheme sanctioned under any such enact
ment as aforesaid or contains anything inconsistent
wiith any mat ter included in Town planning Scheme
sanctioned under the Assam Tovln and Country Plan
ning Act, 1959 or in any Town Planning Scheme duly
made by or under any corresponding law for the time
being in force, the decision of the State Government
shall be final.
Submission of bud- 26. (1) The Chairman shall, at a special meeting to
get to Board. be held in the month of February in each year, lay be
fore the Board, a budget of the Board for the next
year.
Board's sanction to
Budget.
Submission of san
ctioned budget to
State Government
for approval.
(2) Every such budget shall be prepared in such
form as may be prescribed and shall make provision
for-
(i) the . housing schemes which the Board pro
poses to execute whether in part or whole
during the next year,
~ii) the due fulfilment of all the liabilities of the
Board, and
(iii) the efficient administration of this Act, and
shall contain a stateI:nent showing the esti
mated receipts and expenditure on capital
and revenue accounts for the next year and
such other particulars as may be prescribed.
. 27. The Board shall consider the budget laid before
it under the last precedting section and sanction it with
or without modification.
28. (1) Everv budget sanctioned by the Board shall
be subm~tted to the State Government for approval.
At any time after the receipt of the Budget, the State
Government may app.rove the budget as sanctioned by
the ~o.ard. or returr: 1t to the Board for . making such
mod1flcat10ns therem as the State Government may
deem fit.
0
Supplementar y
budget.
Publication and
! execution of hous
ing schemes.
17
(2) Where a budget is returned to th.e Bo~rd by the
State Governmen t for making any mod1ficatI~n th~re
in, the Board shall forthwith ma~e such mod1ficat10ns
and submit the budget as so modified to the State Go
vernment, which may then approve 1it.
29. The Chairman may, at any time during the
year for which a budget has been approved by .th~ ..
State Government, lay before the board a supplemen
tary budget and the provisions of sections 26, 27 and
28 shall apply to such supplementary budget.
30 After the budget is approved by the State Go
vernm~nt, the Board shall cause the housing schemes,
in respect of which provision is made in the budget, to
be published in the official Gazette in such manner as
may be prescribed, and proceed to execute the new
schemes.
• Variation of hou s- 31. The Board may at any time vary any housing
ing schemes . .z scheme or any part thereof included in the budget
approved by the State Government :
e
Provided that no such variiation shall be made if it
involves an expenditure in excess of 10 per cent of the
amount as included in the budget approved by the
State Government for the execution of any housing
scheme or if it affects the scope or purpose of such
scheme.
Transfer rnn the 32. (1) Whenever any street, square or other land,
Board ~0 purposes or any part thereof situated in any area of a Corpora-
of hous1vg scheme . M . . l' ' M hk p · h d · of land rested in hon, umCilpa ity or o uma ans ad and veste m
a Corpoaation , the Corporation, Murni.cipality or Mohkuma Parishad
MMuhnkiciplipty .
0
1rd constituted therefor, is required for the purpose of anv 0 uma ansia h · h · 1 d d ' h b d d bu ousmg sc eme me u e m t e u get approve y
the State Government, the Board shall give nobice
accordingly to the Corporation, Municipality or Moh
kuma Parishad as the case may be.
(2) Where the Corporation, Municipality or Moh
kuma Pad.shad concurs, such street, square or other
land, or part thereof, shall vest in the Board.
(3) Where there is any dispute, the matter shall be
referred to the State Government. The State Govern -
ment shall, after hearing the Corporation, Municipality
or Mohkuma Parishad concerned, decide the matter
and the decisiion of the State Government shall be final.
If the State Government decides that such street
squar e or land, or part thereof, shall vest in the Board'
it shall vest accordingly. '
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(4) Nothing in this seetion shall affect the rights or -
powers of the Corporation, Mund.cipality or Mo.hkuma
Parishad in or over any drain or water works m such
streets, square or land .
Compensation in 33. (1) Where any land vests in the Board under
respect. of land the provisions of section 32 and the Board makes a
vested m the Board. declaration that such land shall be retained by the
Board only until it revests in the Corporation, the ,,
Municipality or the Mohkuma Parishad., as part of a
street or open space under section 36, no compensation
shall be payable by the Board to the Corporation, the ~
Municipality or the Mohkuma Parishad, as the case
may be, d.n respect of that land .
(2) Wher e any land vests in the Board under sec
tion 32 and no declaration is made under sub-section
(1) in respect of the land, the Board shall pay to the
Corporation, the Municipality or the Mohkuma pari
shad, as the case may be, as compensation a sum equal
to the value of such land .
(3) If, in any case where the Board has made a
declaration in respect of any land under sub-section
(1), the Board retains or disposes of the land contrary
to the terms of the declaration so that the land does not
revest in the Corporation, the Municipality or the
Mohkuma Paris had , as the case may be, the Board shall
pay to the Corporation , the Municipality or the Moh
kuma Parishad , compensation d.n respect of such land
in accordance with the provisions of sub-section (2).
Power of Board .} 34. (1) The Board may turn, divert, discontinue the
to turn or close public use of, or permanently close , any publiic street
public street vest- vested in it or any part thereof. etl in it.
(2) Whenev er the Board discontinues the public
use of, or permanently closes, any public <Street vested
in it .or any part thereof, it shall, as far as practicable,
prowde some oth er reasonable means of access to be
substituted in lieu of the use, by those entitled, ·of the
street or part thereof and pay reasonable compensation
to every person who is entitled, otherwise than as mere
member of the public, to use such street or part as a
mean of access and has suffered damage from such dis
~n~inuance or closing,
I:·:.
(3) In defermining the compensation payable to
any person under sub-section (2) the Board shall make
allowance for any benefit accruing to him from the
construction , provision or improvement of any other
0
0
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~ Reference to Tri
bunal in case of
dispute under
section 33 or 34.
Vesting in Cor
poration, Munici
palty or Mohkuma
Parishad, of street
laid out or altered
and open space
provided by the
Board under Hous
ing Scheme.
19
public street at or about the same time that the public
street or part thereof, on account of which the compen
sation is paid, is discontinued or closed.
(4) When any public street vested in the Board is
permanently closed under sub-section (1), the Board
may sell or lease so much of the sadd street as is no
longer required.
35. If there is any dispute as to whether any com
pensation is payable under section 33 or as to the am
ount of compensation payable under section 33 or sec
tion 34, as the case may be, the matter shall be referred
to the Tribunal.
36.(1) Whenever the State Government is satisfied-
(a) that any street laid out or altered by the
Board has been duly levelled, paved, metal
led, flagged, channelled, sewered and drained
as required for any housing scheme included
in the Budget approved by the State Govern
ment under section 28, and
(b) that such lamps, lamp-posts and other ap
paratus as the Corporation, the Municipality
or Mohkuma Parishad, as the case may be,
considers necessary for the lighting of such
street and as ought to be provided by the
Board have been so provided, and
(c) that water and other sanitary conveniences
have been duly provided d.n such street, the
State Government may declare the street to
be a public street and the street shall there
upon vest in the Corporation, Municipality or
Mohkuma Parishad as the case may be, and
shall thenceforth be maintained, kept in re
pair, lighted and cleaned by the Corporation,
Municipallity .or Mohkuma Parishad.
(2) When any open space for purposes of ventila
tion or recreation has been provided by the Board in
executing any housing scheme, the Board may at its
option by resolutlion transfer such open space to the
local authority concerned on completion of the scheme
and thereupon such open space shall vest in and be
maintained at the expense of the local authority:
Provided that the local authority may require the
Board before any such open space is so transferred to
enclose, level, turf, dradn and lay-out such space and
provide footpaths therein and if necessary to provide
lamps and other apparatus for lighting it.
Other duties of
the Board ,
20
(3) If any differen ce of opinion arises between the
Board and the Corp,oration, Municipality or Mohkuma
Parishad in respect of any matter referred to in the
foregoing provisions of this section, t he matter shall be
referred to the State Governme nt whose decisiop shal1
be finaL
37. (1) It shall be the duty of the Board to take
necessary measures to main tain, allot , lease or other ..:!
wise use the Board prem ises and t o collect rents, com
pensation and damages in respect thereof
(2) The Board may,-
(i) provide technical advice to the State Govern
ment and scrutinize projects under housing
schemes in the are a to which this Act extends
when required by the St ate Government to
do so;
(ii) undertake researc h on various problems con
nected with housing li.n general and find out
in particular the economical methods of cons
tructing houses suited to local cqnditions ;
(iii) undertake comprehens ive surveys of pro
blems of housing ;
(iv) grant loans to individu als or body of indivi
duals for building houses under different
schemes either at their own instance or
under the direction of the State Government
and recover the loans in such m anner and in
such procedure as may be prescr ibed;
(v) do all things for-
(a) unificatli.on, simplification and standardisation
of building materials ;
(b) encouraging pre-fabr ication and mal.is pro
duction of house comp onents;
(c) organising or undert aking the productli.on of
building materials for resi dential or non-re
sidential house ;
(d) securing a steady and sufficient supply of
wotkmen trained in the work of construction
of buildings.
..
a
"
21
Board to as aume 38. The Board shall, subject to the general control
man~c;ment of of the State Government, assume management of all
requmtioned lands. such lands requisitioned or continued to . be subject to
requisition, by or under the aut~o~i.ty of the Sta~e. ~o
vernment under the Assam Requisition and Acquisition
Act, 1964 or by or under any corresponding law for the
time being in force, as the State Government may
dd.rect.
Rccon-1titution of
plots.
Power to exempt
Schemes from
provisions of sec
tions 26 to 31.
Power to pur
chase or lease by
agreement.
39. A housing scheme may provide-
(a) for the formation of a reconstituted plot by
the alterations of the boundaries of an origi-
nal plot; ·
(b) with the consent of the owners that .two or
more original plots each of whd.ch is held in
ownership in severaley or in joint ownership
shall, with or without alteration of bounda
ries be held d.n ownership in common as a
reconstituted plot;
(c) for the allotment of a plot to a_ny own~r dis
possessed of land in furtherance of the hous
ing scheme ; and
(d) for the transfer of ownership of a plot from
one person to another with the consent Gf
such persons.
40. The State Govern~ent may, by general or
special order published in the official Gazette, exempt
any housd.ng scheme undertaken by the Board from all
or any of the provisions of sections 26 to 31 subject to
such conditions, if any, as it may impose or may direct
that any such provision shall apply to such scheme
Wiith such modifications as may be specified in the
order.
CHAPTER IV
Acquisition and Disposal of Land
41. (1) The Board may enter into an agreement
with any person for the acquisition from him by pur
chase, lease or exchange, of any land which ~s needed
for the purposes of a housing scheme or any interest in
such land or for compensating the owners of any such
right in respect of any deprivation thereof or inter
ference therewith.
a
"
21
Board to as aume 38. The Board shall, subject to the general control
man~c;ment of of the State Government, assume management of all
requmtioned lands. such lands requisitioned or continued to . be subject to
requisition, by or under the aut~o~i.ty of the Sta~e. ~o
vernment under the Assam Requisition and Acquisition
Act, 1964 or by or under any corresponding law for the
time being in force, as the State Government may
dd.rect.
Rccon-1titution of
plots.
Power to exempt
Schemes from
provisions of sec
tions 26 to 31.
Power to pur
chase or lease by
agreement.
39. A housing scheme may provide-
(a) for the formation of a reconstituted plot by
the alterations of the boundaries of an origi-
nal plot; ·
(b) with the consent of the owners that .two or
more original plots each of whd.ch is held in
ownership in severaley or in joint ownership
shall, with or without alteration of bounda
ries be held d.n ownership in common as a
reconstituted plot;
(c) for the allotment of a plot to a_ny own~r dis
possessed of land in furtherance of the hous
ing scheme ; and
(d) for the transfer of ownership of a plot from
one person to another with the consent Gf
such persons.
40. The State Govern~ent may, by general or
special order published in the official Gazette, exempt
any housd.ng scheme undertaken by the Board from all
or any of the provisions of sections 26 to 31 subject to
such conditions, if any, as it may impose or may direct
that any such provision shall apply to such scheme
Wiith such modifications as may be specified in the
order.
CHAPTER IV
Acquisition and Disposal of Land
41. (1) The Board may enter into an agreement
with any person for the acquisition from him by pur
chase, lease or exchange, of any land which ~s needed
for the purposes of a housing scheme or any interest in
such land or for compensating the owners of any such
right in respect of any deprivation thereof or inter
ference therewith.
22
(2) The Board may also take st~ps for the cor;ipul
sory acqud.sition of any land or any ~ter.est ther~m re
quired for the execution of a housmg scheme m the
manner provided in the Land Acquisition Act and the
acquisition of any land or any interest thereto f?~ ~he
purposes of this Act shall be deemed to be acqmsition
for a public purpose within the meaning of the Land
Acquisition Act.
Betterment charges. 42. (1) When by the making of a housing scheme
any land in the area comprised in the scheme will, in
the opindon of the Board be increased in value, the
Board in frarp.ing the scheme may declare that better
ment charges shall be payable by the owner of the land
or person having an interest therein in respect of the
lincrease in value of the land from the execution of the
scheme.
(2) Such increase lin value shall be the amount by
which 1;.he value of the land on the completion of exe
cution of the scheme estimated as if the land were
clear of the buildings exceeds the value of the land
orior to the execution of the scheme estimated in like
manner and the betterment charges shall be one half
of such increase in value.
(3) Such betterment charges shall also be leviable
in respect of any land not comprised in the scheme but
adjacent to the area comprised in the scheme.
Explanation.-For the purpose of this sub-section
the State Government may on the recommendation of
the Board, by notification in the official Gazette, dec
lare such land which is situated near or contiguous or
adjacent to any land comprised in a scheme to be adja
cent to the area comprised in such scheme.
Notice to persons 43. (1) The Board shall give notice in the prescrib
liable for better ed form to any person who is the owner of or has intemen t charges. rest in the land in respect of which the betterment
ch~rges are to be levi~d and shall give such person an
opportunity to be heard.
(2) After hearing such persori or if such person
fails to appear after the expiry of the period within
which such person is required to appear before the
Board, the Board shall proceed to assess the amount
of betterment charges.
(3) Where the assessment of betterment charges
proposed by the Board is accepted by the person con
cerned wiithin the period prescribed, the assessment
shall be final. ..
0
0
•
•
0
23
( 4) If the person concerned does not accept the
assessment proposed by the Board the matter shall be
referred to the Tribunal.
(5) The Tribunal shall , after holding an inquiry
and after hearing the person concerned, assess the
amount of the betterment charges payable-by the per·-
son.
Agreement for 44. (1) Any person liable to pay betterment charges
payment of better- respect of any land may at his option, instead of pay- ·
ment charges. d.ng the same to the Board, execute an agreement with
the Board to leave the payment outstanding as a char
ge on his interest in the land, subject to the payment
in perpetuity of interest at such rate as may be pres
cribed.
Recovery of bett·
erment charges .
Power to dispo se
of land.
Disputes regarding
reconatitution of
plots.
(2) Every payment due from any person in respect
of betterment charges and every charge referred to in
sub-section (1) shall notwithstanding anything contain
ed in any other enactment and notwithstanding the
execution of any mortgage or charge created either
before or after the commencement of this Act, be the
first charge upon the interest of such person in such
land.
45. All sums payable in respect of any land by any
person in respect of betterment charges under section
42 or by any person under an agreement under section
44 shall be recoverable on behalf of the Board as an
arrear of land revenue. ·
46. Subject to any rules made by the State Go
vernment under this Act, the Board may retain , lease,
sell , exchange or otherwise dispose of, any land, any
building or other property vesting in it and situate in
the area comprd.sed in housing scheme permitted under
this Act . ·
47. (1) Where by the making of a housing scheme,
any plot compris~d in the area included in the scheme
are reconstituted or any person is dispossessed, any
person affected by such reconstitution or dispossession
may apply to the Board for compensation. The Board
may, after making such inquiry as it thinks fit, decide
whether the applicant is entitled to any compensation
and if so to what extent. If the person is dissatisfied
with the decision of the Board in the matter, he may
~nform. the Board accordingly. The Board shall there
upon refer the matter to the Tribunal.
(2) The Tribunal shall then after making an inqui-·
ry determine the amount of compensation and direct
the Board to pay the same to the person entitled.
24
CHAPTER V
TribunaL
Constituton 48. (1) Notwithstanding anything contained in thecen•ral Act I,
of a Tribu Land Acquisition Act, 1894 the Government m~y cons- of 1894·
nal for cer • titute a Tribunal for the purpose of performing the __,.--
tain purpose functions of the court with reference to the acquisition
of land for the Board under the said Act, for deciding ~
disputes relating to levy or assessment of betterment
charge and for deciding such other matters as may be
prescribed. ~
(2) The Tribunal shall consist of one person only
who shall be a judicial officer not below the rank of
District Judg e or possessing qualifications to be ap
pointed as a Distrii.ct Judge.
(3) The Tribunal shall have the same powers as are Central Act
· vested in a Civil Court under the Code of Civil Proce- V of 1908.
dure, 1908.
Officers and Board on 49. The Tribunal may, with the previous sanction
cmplo~es of. of the Government, appoint such officers and ~mplo-
~h• Tribunal . "d f · "t b · yees as it cons1 ers necessary or carrying on 1 s us1-
ness , and the remuneration and other conditions of
services of such officers anExcerpt shown. Open the full act in Lexace.